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1 AGENDA October 27, 2009 COUNTY ADMINISTRATOR SUSAN 5. MURANISHI October 15,2009 DONNA LINTON COUNTY ADMINISTRATOR ASSISTANT COUNTY ADMINISTRATOR Honorable Board of Supervisors Administration Building Oakland, CA Dear Board Members: SUBJECT: AMENDMENT TO THE 2009 ALAMEDA COUNTY LEGISLATIVE PROGRAM Support SB 458: Sacramento - San Joaquin Delta Conservancy (Steinberg, Simitian); Support AB 91: Vehicles Driving Under the Influence: Ignition Interlock Device (Feuer); Support SB 400: Tobacco (Corbett); Support SJR 8: Electronic Cigarettes (Corbett) The following legislative items were considered by the PAL (Personnel, Administration and Legislation) Board Committee at its meetings on September 14, 2009 and July 20, 2009 and are hereby recommended for your Board's approval. If approved, these items will be included as an amendment to the County's 2009 Legislative Program. See attached for details. RECOMMENDATIONS: 1. Support SB 458: Sacramento - San Joaquin Delta Conservancy (Steinberg, Simitian) 2. Support AB 91: Vehicles Driving Under the Influence: Ignition Interlock Device (Feuer) 3. Support SB 400: Tobacco (Corbett) 4. Support SJR 8: Electronic Cigarettes (Corbett) DISCUSSION: 1. Supervisor Haggerty's Office is requesting support of SB 458. This bill would establish, in the Natural Resources Agency, the Sacramento-San Joaquin Delta Conservancy. The Conservancy would be required to act as a primary agency to implement ecosystem restoration in the Delta and to support efforts that advance environmental protection and the economic well-being of Delta residents. The jurisdiction of the Conservancy relies on the legal Delta definition specified in Section of the Water Code. However, representation from Alameda County is excluded from the Delta Conservancy. Exclusion from the decision making process may make Alameda County ineligible for future resources or cause difficulty in obtaining financial support available to jurisdictions otherwise defined as a delta county in Section of the Water Code OAK STREET. SUITE 555 OAKLAND, CALIFORNIA FAX (510)

2 Honorable Board of Supervisors Page 2 October 15, Supervisor Haggerty's Office is requesting support of AB 91. This bill would require the Department of Motor Vehicles to establish a pilot program from July 1, 2010 to January 1, 2016 in the Counties of Alameda, Los Angeles, Sacramento and Tulare that requires, as a condition of being issued a restricted driver's license, being reissued a driver's license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for a violation of driving under the influence (DUI), the person to install an ignition interiock device on all vehicles he or she owns or operates. 3. The Health Care Services Agency is requesting support of SJR 8. This bill would request that the federal Food and Drug Administration (FDA) prohibit all sales of electronic cigarettes, which are devices resembling cigarettes that typically consist of a metal tube containing an atomizer, a battery and a cartridge filled with liquid nicotine, until the FDA has found them to be safe. The FDA says it has examined electronic cigarettes and determined that they meet the "definition of both a drug and device under the Federal Food, Drug, and Cosmetic Act," according to legal filings. Drugs and delivery devices must receive FDA approval before being marketed. The agency has indicated it will continue to evaluate the products on a case-by-case basis "to determine the appropriate action to take." A prohibition of electronic cigarettes would prevent this unregulated and untested product from being sold and marketed to Alameda County residents, particularly children who may be attracted to the flavorings, and thereby create a nicotine addiction. 4. The Health Care Services Agency is requesting support of SB 400. This bill would include electronic cigarettes in the definition of a "tobacco product" and make the sale of these devices to minors illegal. Very truly yours, Susan S. Muranishi County Administrator Attachments SSM:LL V:/Leg/pal/I 0_27(revised)agenda c: Affected County Agencies/Departments CAO Analysts and Federal Legislative Advocates Board Committee Clerk

3 » Complete this fonn in order to propose a legislative advocacy position before the PAL Committee. ) Instructions for completing this form, including due dates, are shown on the back. Work through vour CAO Analyst!» Please be clear and briefas you complete this fonn. If you have questions, contact your department's CAO Analyst. CAO Analyst: Scott Haggerty First District Supervisor Board of Supervisors Crystal Hishida-Graff Seek Amendments SB4S8 Sacramento-San Joaquin Delta Conservancy. Senator Steinberg & Senator Simitian In conference committee N/A Description of Bill: Establishes two governing bodies: I) the Delta Protection Commission to provide planning oversight for local governments within the "primary zone". The primary zone as defined does not include Alameda County and representation from Alameda County on this Commission not warranted; 2) the Delta Conservancy. The jurisdiction of the Conservancy relies on the legal Delta definition specified in Section ofthe Water Code includes specific lands within the counties of Contra Costa, Sacramento, San Joaquin, Solano, Yolo and Alameda. Alameda County is notably excluded in the proposed II-member composition of this body. Proposed Amendments: (include impacts to other County agencies/departments) - exclusion from decisionmaking process on the Delta Conservancy. Ineligibility for future resources or difficulty in obtaining fmancial support available to jurisdictions otherwise defined as a delta county in Section ofthe Water Code. Unknown Allow Alameda County Board of Supervisors to appoint a voting representative to the Delta Conservancy. PAL/ BOS MEETING DATE REQUESTS: PAL Date Requested: BOS Date Requested: Next available Next available EXPLANATION OF ACRONYMS: PAL Personnel, Administration, and Legislation Committee BOS Board of Supervisors CAO County Administrator's Office QIC County Quick Code System

4 Scott Haggerty Supervisor, District I Board of Supervisors Support Description of Bill: Support: Proposed Amendments: AB91 Vehicles Driving Under the Influence (DU I); Ignition Interlock Device Assembly Member Mike Feuer The bill is in the Senate Committee on Public Safety. Under current law, the courts have the discretion, but are not mandated, to require the installation of an II D for first-time and repeat DU I offenders. This bill requires DMV to create a pilot project in Alameda, Sacramento and Los Angeles counties. A person convicted of a DU I will be required to install an ignition interlock device (II D) on any vehicles he or she owns or has access to as a condition to being issued a restricted driver's license, being reissued a driver's license or having the privilege of operating a motor vehicle reinstated subsequent to a conviction. The direct involvement of the county is minimal as the DMV will be responsible for the program, however the District Attorney would be involved to the extent that he or she would determine what charges are brought in each case. California Attorneys for Criminal Justice; California DUI Lawyers Association; California Public Defenders Association. MADD; Alameda County Chief of Police Association; Alameda County Sheriffs Association; see attached bill for a complete list. None PAL / BOS MEETING [late REQUESTS: PAL Date Requested: July 13,2009 BaS Date Requested: July 14,2009 EXPLANATION OF ACRONYMS: PAL. CAO Personnel, Administration, and Legislation Committee County Administrator's Office BaS QIC Board of Supervisors County Quick Code System SUBMIT COMPLETED FORM TO THE BOARD COMMITTEE CLERK, BOS (QIC: 20101) SEND COPIES TO: (/) Legislative Analyst, CAO, and (2) Your Department's CAO Budget Analyst (botll at QIC v:/leg/palrequestform.doc) - Revised 9/27/99

5 » Complete this form in order to propose a legislative advocacy position before the PAL Committee.» Instructions for completing this form, including due dates, are shown on the back. }\/orl-.: throlj~h vollr CAO Anal,sll» Please be clear and brief as you complete this form. If you have questions,l;.qm;i.~u;;lq.'a';lr!.!.~~jl1~~~:-!\-~i:6_fh!t;i:- CAO Analyst: First Alex Last Briscoe Acting Director Health Care Services Agency Theresa Rude Support SB 400 Tobacco Senator Ellen Corbett Passed by Governmental Organizations Committee (18-0). Referred to Assembly Appropriations Committee. Electronic cigarettes are devices resembling cigarettes that typically consist of a metal tube containing an atomizer, a battery and a cartridge filled with liquid nicotine. When a user sucks on an e-cigarette, a light-emitting diode causes the tip to glow and the atomizer turns the liquid nicotine into a vapor. The vapor can be inhaled and then exhaled, creating a cloud that resembles cigarette smoke but dissipates more quickly. A startup kit, which typically includes the e-cigarette device, a set of nicotine cartridges and batteries, costs between $60 and $120. These devices are being marketed as a smokeless alternative to traditional cigarettes. The FDA has the power to regulate smoking-cessation products. It says it has examined electronic cigarettes and determined that they meet the "definition of both a drug and device under the Federal Food, Drug, and Cosmetic Act," according to legal filings. Drugs and delivery devices must receive FDA approval before being marketed. The Food and Drug Administration says that as of March I it "has refused 17 shipments of various brands of these 'electronic' cigarettes, cigars, and pipes, and their components." The agency has indicated it will continue to evaluate the products on a case-by-case basis "to determine the appropriate action to take." Electronic cigarettes are currently being sold at kiosks in a number of malls throughout Alameda County. Unlike traditional tobacco products, electronic cigarettes are not currently restricted in terms ofwhere or to whom they may be sold. Description of Bi II: SB 400 includes electronic cigarettes in the definition of a "tobacco product" and makes the sale ofthese devices to minors illegal. SB 400 would prevent electronic cigarettes itom being sold and marketed to Alameda County minors, thereby preventing youth itom becoming addicted to nicotine. Electronic cigarette industry

6 » Complete this fonn in order to propose a legislative advocacy position before the PAL Committee.» Instructions for completing this fonn, including due dates, are shown on the back. \VQ..I:I,lbJ:~'.!!g.b-.J.Qllf.i.-;AQ...c\LU!!i::'J!» Please be clear and brief as you complete this form. If you have questions,i;dd!l!.u:.\~l!lq91lill.1!l1<;ljf.~.<":i\~ll'l).jilli~;-;1. CAO Analyst: First Alex Last Briscoe Acting Director Health Care Services Agency Theresa Rude Support SJR 8 Electronic cigarettes Senator Ellen Corbett Read second time. To third Senate reading. Electronic cigarettes are devices resembl ing cigarettes that typically consist of a metal tube containing an atomizer, a battery and a cartridge filled with liquid nicotine. When a user sucks on an e-cigarette, a light-emitting diode causes the tip to glow and the atomizer turns the liquid nicotine into a vapor. The vapor can be inhaled and then exhaled, creating a cloud that resembles cigarette smoke but dissipates more quickly. A startup kit, which typically includes the e-cigarette device, a set of nicotine cartridges and batteries, costs between $60 and $120. These devices are being marketed as a smokeless alternative to traditional cigarettes. The FDA has the power to regulate smoking-cessation products. It says it has examined electronic cigarettes and determined that they meet the "definition of both a drug and device under the Federal Food, Drug, and Cosmetic Act," according to legal filings. Drugs and delivery devices must receive FDA approval before being marketed. The Food and Drug Administration says that as of March I it "has refused 17 shipments of various brands ofthese 'electronic' cigarettes, cigars, and pipes, and their components." The agency has indicated it will continue to evaluate the products on a case-by-case basis "to determine the appropriate action to take." Electronic cigarettes are currently being sold at kiosks in a number of malls throughout Alameda County. Description of Bill: Proposed Amendments: SJR 8 request that the federal Food and Drug Administration (FDA) prohibit all sales of electronic cigarettes until the FDA has found them to be safe. A prohibition of electronic cigarettes would prevent this unregulated and untested product from being sold and marketed to Alameda County residents, particularly children who may be attracted to the flavorings, and thereby create a nicotine addiction. Electronic cigarette industry N/A

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